Laboral - Rol N° O-2268-2022

Tribunal condena a empresa mandante (Sodimac) y subcontratista (Exproservicios) a indemnizar daño moral por accidente laboral, al infringir deberes de protección y seguridad al trabajador que manipuló sierra eléctrica sin capacitación.

• Plaintiff Nombre filed a lawsuit against his employer Exproservicios SpA and the principal employer Sodimac S.A. following a work accident on February 13, 2018. He alleged that his duties were expanded beyond his initial contract as an "operario multifuncional," requiring him to perform tasks such as demonstrating rented tools, including a circular saw, to clients. This expansion of duties allegedly occurred without adequate training or safety measures, leading to the accident.
• The accident involved a circular saw activating while the plaintiff was demonstrating it to a client, causing a severe right-hand injury, including an exposed fracture of the index finger and tendon damage. This incident resulted in a diagnosed permanent disability of 16.5% and subsequent physical pain,...